Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax

I have a two part question. I am recently divorced and per

Customer Question
I have a two part...
I have a two part question. I am recently divorced and per the divorce papers my ex gets to claim our 5 year old daughter on our 2010 taxes and I get to claim her in 2011 and every other year. I have recently changed jobs and the new company offers a flex spending dependent child care account and I am trying to decide if I should sign up for it to cover the 12 weeks of daycare my ex and I split. My questions are, since my ex gets to claim her in 2010, does her get to claim the dependent care tax credit even though I paid for half of the expense (he doesn't use a FSA account) in 2010? If so, would it be illegal for me to use a flex spending plan to cover my half since he is claiming the child care expense on his 2010 taxes?
Submitted: 7 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 8 minutes by:
3/2/2010
Tax Professional: Lev, Tax Advisor replied 7 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,689
Experience: Taxes, Immigration, Labor Relations
Verified

The IRS will not look into your divorce decree.

 

Under the IRS rules the custodial parent is the parent with whom the child lived for the greater part of the year. The other parent is the noncustodial parent.

The IRS will award dependency exemption to the custodial parent.

 

The custodial parent may release the claim to the noncustodial parent by signing the form 8332 - http://www.irs.gov/pub/irs-pdf/f8332.pdf - should be filed with the noncustodial parent's tax return. The non-custodial parent - you should obtain that form signed by the custodian parent for specified years.

 

Please refer to the IRS publication 504 - http://www.irs.gov/pub/irs-pdf/p504.pdf

If a child is treated as the qualifying child of the noncustodial parent under the special rule for divorced or separated parents, only the noncustodial parent can claim an exemption and the child tax credit for the child.

However, the noncustodial parent cannot claim the child for head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. Only the custodial parent (or other eligible taxpayer) can claim the child as a qualifying child for these four tax benefits.

 

Thus - if you are a custodial parent (under IRS rules) - you may benefit from FSA. But if you are noncustodial parent - you may not deduct child care expenses and FSA benefits should be included into your taxable income.

 

Let me know if you need any help.

 

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,689
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Tax Specialists are ready to help you
Ask your own question now
Ask Lev Your Own Question
Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,689
30,689 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

Lev is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,338 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,980 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
I have a somewhat complicated tax question involving a
I have a somewhat complicated tax question involving a divorce … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,980 satisfied customers
Ex Husband is in arrears with child support & I am the
Ex Husband is in arrears with child support & I am the Custodial Parent. He claimed her as a Dependent on taxes & so did I. Got a letter from IRS. What now? … read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
1,083 satisfied customers
I have a question regarding child deductions when one parent
Hi - I have a question regarding child deductions when one parent who otherwise would claim them has lost custody. … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,980 satisfied customers
Divorce decree states we each get to claim a child for our
Divorce decree states we each get to claim a child for our income taxes, but she is refusing to fill out the form for me to be able to claim a child. Thanks, Bill… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,798 satisfied customers
Can I claim as Head of Household each year even when my ex
Can I claim as Head of Household each year even when my ex claims our son as a dependent?In our divorce decree, we agreed to claim our son as a dependent every other year. So in 2016, my ex claimed ou… read more
keeperumiami
keeperumiami
Sr Financial & Tax Consultant
Bachelor\u0027s Degree
1 satisfied customers
Am I able to take a deduction as head of household if I have
Am I able to take a deduction as head of household if I have a daughter that is 15, lives with me for more than half the year, but I am not claiming her as a dependent because her dad and I alternate … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,980 satisfied customers
Is Gift Tax form 709 filed like a return by April 15th? Or,
is Gift Tax form 709 filed like a return by April 15th ? Or, is it filed the year the gift was given? thank you … read more
abci168
abci168
Principal
27 satisfied customers
Is there a form to file with the IRS for tax periods that
Is there a form to file with the IRS for tax periods that have ran past the statute of limitations from the date of assessment … read more
Lev
Lev
Tax Advisor
30,689 satisfied customers
I made 40,000 this year But i was head of household for half
I made 40,000 this year But i was head of household for half the year and the second half of the year I was just renting Filed as single I've paid 9k in taxes is that about right? … read more
Carter McBride
Carter McBride
LLM
252 satisfied customers
Lev, Tthe taxpayer is divorced and his children live with
Good afternoon Lev, Tthe taxpayer is divorced and his children live with their mom 100 percent of the time and the father pays for the child support and the mother is not working. He also owns the con… read more
Lev
Lev
Tax Advisor
30,689 satisfied customers
Can i file head of household on my 2016 tax return if my
Can i file head of household on my 2016 tax return if my husband and I were going through a divorce proceeding but he passed away before the divorce was finalized in mid 2016?… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,798 satisfied customers
Living separately but filing jointly with a child dependent.
living separately but filing jointly with a child dependent. While fulfilling all but one requirements for the EIC and CTC, am I entitled for this credit (and child credit as well) when I fail on the … read more
abci168
abci168
Principal
27 satisfied customers
I qualify for renters credit and am head of household now
ok I qualify for renters credit and am head of household now how and where do I fill out necessary paperwork for 120.00 a year and do I ,or can I receive the credit for the past 2 years? thank you for… read more
abci168
abci168
Principal
27 satisfied customers
I have filed head of household due to being the only income
I have filed head of household due to being the only income and taking care of 5 kids yet I am married yet not together under the same roof do I need to amend my taxes I think I may have gotten wrong … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,980 satisfied customers
My daughter filed for head of household and her 17 year old
My daughter filed for head of household and her 17 year old daughter made4 $4000What is the limit on her child's earnings to file as head of household? … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Just looking for info regarding tax form 8332, i have a
hello, just looking for info regarding tax form 8332 … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,980 satisfied customers
When filing out form 1040 does form 8332 have to be filed by
When filing out form 1040 does form 8332 have to be filed by the non-custodial parent? If not is there an equivalent form that the non-custodial parent has to file?… read more
TaxWhisperer
TaxWhisperer
Principal
Master's Degree
24 satisfied customers
A taxpayer files a head of household return in 2015 & claims
A taxpayer files a head of household return in 2015 & claims his daughter. The daughter graduates college in December of 2015. She moves home & lives with her father from 12/22/15 - 9/14/2016. She mov… read more
Lev
Lev
Tax Advisor
30,689 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x